logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원남원지원 2020.11.10 2020고단231
특수상해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 19:00 on February 3, 2020, the Defendant suffered special injury: (a) the victim D (manam, 41 years of age) and C were in dispute with C on the ground that the victim did not feel against himself/herself for drinking alcohol together with C; (b) on the ground that he/she did not go against his/her will; (c) on the ground that he/she did not go against his/her dispute, he/she was frighted to the victim’s face; and (d) the Defendant frighth was hick, which is a dangerous object caused by reinforced glass, and then laid the head of the victim’s head on his/her hand.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on the victim, such as “heat with no one in the two heat,” which requires treatment for about two weeks.

2. At the above time and place of the assault, the Defendant: (a) the victim C (Nam, 46 years of age) who was living together in D, as seen above, took the face of the victim one time by drinking the victim; and (b) the victim took the face of the defendant by drinking the victim again, when the victim took the face of the defendant by drinking the victim again, the Defendant took the face of the victim by drinking.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Each police statement made to D or C;

1. A medical certificate;

1. Application of statutes on photographs of damage;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 260 (1) (a point of violence and choice of imprisonment) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes of special injury heavier than the punishment prescribed by the aforesaid Article) among concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is 1.

arrow